United Arab Emirates: Regulations on single-use products – Environmental sustainability in Dubai – GlobalComplianceNews

In brief

The United Arab Emirates (UAE) has constantly been a pioneer in the region when it comes to making decisions to protect the environment and limit the spread of plastic waste, which poses a significant danger to the environment and wildlife. On 30 December 2023, the Dubai Executive Council issued Decision No. 124 of 2023 to regulate the usage of single-use products in the Emirate of Dubai (“Decision“), in support of the previous Dubai Executive Council Decision No. 52 of 2022, issued on 13 August 2022, which mandated the reduction in the utilization of single-use bags in the Emirate of Dubai (referred to as the “Previous Decision“).

The Decision was published in the Official Gazette on 31 December 2023, and came into effect on 1 January 2024.

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The Previous Decision defined a single-use bag as “a container made of plastic, whether biodegradable or not, or of paper or vegetable materials, with a thickness of less than (57) micrometers, and used for carrying and transporting commodities”. The purpose of this decision is to encourage everyone to adopt sustainable and environment-friendly behavior, and to encourage the private sector and the local market to provide sustainable alternatives to single-use bags, in line with the principles of the circular economy, which aims to reuse materials and products in the local economy in a sustainable manner.

The Decision has a broader scope; its aim is to regulate the usage of the single-use products, not limited only to single-use bags as defined above, but also extending to single-use plastic products. It also supports the objectives established by the Previous Decision, related to the protection of environment and the local wildlife, and aims to motivate the community members to adopt sustainable and environmentally friendly behaviors.

Both decisions apply to sellers and consumers of single-use products (including single-use bags), who are importing, selling, displaying for the purpose of sale, or distributing in the Emirate of Dubai, special development zones, and free zones, including the Dubai International Financial Centre.

The Emirate of Abu Dhabi, Emirate of Sharjah and other emirates in the UAE, as well as several neighboring and developed countries such as Canada, Italy and Switzerland, have previously implemented similar regulations to limit the use of plastic bags and other plastic products that are detrimental to the environment and public health, including the ocean, and that cause pollution to soil, air and water resources.

The objectives of the Decision are to promote the use of recycled materials and emphasize their importance in achieving sustainable development. Additionally, the Decision aims to motivate the private sector and the local market to provide multi-use products, in line with the principles of the circular economy, which aims to reuse materials and products in the local economy sustainably, and to regulate the consumption or recycling of single-use materials and plastic products.

According to the Decision, single-use products are intended for a single use before being disposed of or recycled, regardless of the material they are made of. They include single-use plastic products, single-use non-plastic products, as well as food delivery packages, fruit and vegetables wrapping, thick plastic bags, plastic containers, and packaging materials manufactured partly or entirely from plastic materials, including those used in food packaging, plastic bottles, snack bags, cigarettes butts, wet wipes, balloons, and balloons sticks.

The Previous Decision assigned the Dubai Municipality an important role in organizing awareness campaigns to encourage members of the society to reduce the use of single-use bags and to urge sellers of such bags to contribute in supporting projects, initiatives, and programmes aimed at reducing their use and providing sustainable alternatives.

An amount of 25 fils has been imposed until today on every single-use bag if it is requested upon the purchase of products from all supermarkets, stores and any other outlets in the Emirate of Dubai. The price of the single-use bag is collected by the seller directly; however, the proceeds generated from the price of the single-use bags are aimed to finance environmental projects in partnership with the Dubai Municipality.

Under the Decision, the municipality has the role of organizing awareness campaigns aimed at educating and encouraging community members to reduce the use of plastic materials and single-use products and encouraging vendors to contribute in supporting projects, initiatives and programmes aimed at reducing their use and to providing multiple-use products instead.

According to the Decision, single-use plastic products are defined as “products manufactured partly or entirely from plastic materials, intended for single use only before being disposed of or recycled”, and they include single-use bags, food delivery containers, fruit and vegetables wrapping containers, plastic containers, stirrers, single use table covers, cups and food containers made from Styrofoam, plastic straws, cotton buds, single-use plastic plates, plastic food containers, single-use plastic cutlery (including spoons, forks, knives, straws), and single-use refreshment cups and their plastic covers.

The Decision prohibits the import, sale, display for the purpose of sale, or distribution for free of the following single-use products:

• Plastic bags, starting from 1 January 2024.
• Single-use non-plastic products, which include single-use bags (based on the specifications mentioned above), as of 1 June 2024. Single-use non-plastic products are defined in the Decision as ” every product other than plastic, prepared for one-time use only before it is disposed of or recycled and includes single-use bags”.
• Single-use plastic products, as of 1 January 2025 which include single-use stirrers, single-use table covers, cups and food containers made from Styrofoam, single-use lollipops, and single-use cotton buds.
• Single-use plastic products, as of 1 January 2026 which include single-use plastic plates, single-use table covers, single-use plastic cutlery and single-use refreshment cups and their plastic covers.

Some products are excluded from the ban stipulated above, as follows:

• Single-use plastic bags which include (i) thin bag rolls used in packing meat, fish, vegetables and fruits, cereals and bread and (ii) garbage bags.
• Products intended for export or re-export outside the UAE, which include (i) single-use plastic shopping bags, (ii) single-use shopping bags, and (iii) single-use disposable plastic products. It is prohibited to sell, display for the purpose of sale or distribute for free these products in the UAE markets and they must clearly state the purpose of their circulation is export or re-export outside the UAE.

The Decision imposed an obligation on sellers (any natural or legal person licensed by the relevant authority, who sells the commodities to consumers, including but not limited to traditional and electronic retail stores, restaurants, pharmacies and facilities in the field of commodity delivery) to support projects, initiatives, and programmes aimed at reducing the use of plastic materials and single-use products, and to provide alternatives from multi-use products at reasonable prices.

Both the Previous Decision and the Decision have imposed a fine of AED 200, respectively, on sellers for breaching the obligations related to the price of the single-use bags, and on anyone who violates the ban on using the single-use products, unless another legislation stipulates a more severe penalty. This fine will be doubled if another violation is committed within one year from the date of the previous violation; however, the value of the fine will not exceed AED 10,000 (for sellers breaching their obligations) and AED 2,000 (for breaching the ban on using the single-use products).

Officers of the relevant licensing authorities in Dubai, whether onshore or in the free zones, have been granted the authority of law enforcement officers to verify the thickness of the single-use bags and the materials they are made of, and to impose fines on violators.

Several entities in Dubai whose businesses involve importing, selling, displaying for the purpose of sale, or distributing for free in Dubai of single-use products in Dubai will need to comply with the provisions of the Cabinet decisions mentioned above within the determined timeframes and terms to avoid fines or other penalties. They must also cooperate with the relevant authorities aiming to encourage the protection of the environment and the community from the long-term damages of plastic products.

To discuss this topic further, please feel free to contact the lawyer mentioned above or your usual Baker McKenzie contact.